Chapter 53

CHAPTER 53

UNIFORM ADULT GUARDIANSHIP JURISDICTION

SUBCHAPTER I

GENERAL PROVISIONS

53.01   Purpose; construction.

53.02   Definitions.

53.03   International application.

53.04   Communication between courts.

53.05   Cooperation between courts.

53.06   Taking testimony in another state.

SUBCHAPTER II

JURISDICTION

53.21   Significant-connection factors.

53.22   Exclusive basis.

53.23   Jurisdiction.

53.24   Special jurisdiction.

53.25   Exclusive and continuing jurisdiction.

53.26   Appropriate forum.

53.27   Jurisdiction declined by reason of conduct.

53.28   Notice of proceeding.

53.29   Proceedings in more than one state.

SUBCHAPTER III

TRANSFER OF GUARDIANSHIP

53.31   Transfer of guardianship to another state.

53.32   Accepting guardianship transferred from another state.

SUBCHAPTER IV

REGISTRATION AND RECOGNITION
OF ORDERS FROM OTHER STATES

53.41   Registration of guardianship of the person orders.

53.42   Registration of guardianship of the estate orders.

53.43   Effect of registration.

SUBCHAPTER V

UNIFORMITY; FEDERAL LAW

53.51   Uniformity of application and construction.

53.52   Relation to Electronic Signatures in Global and National Commerce Act.

subch. I of ch. 53 SUBCHAPTER I

GENERAL PROVISIONS

53.01 53.01 Purpose; construction. This chapter applies to the process of determining jurisdiction over the person for the purpose of a guardianship proceeding or matter. The chapter is intended to supplement but not replace the procedure for petitioning for a guardianship under ch. 54 and for protective placement or services under ch. 55. The purpose of this chapter is to resolve potential conflicts regarding jurisdiction between states and to make uniform the laws with respect to this chapter among those states. To the extent there is a conflict in procedure between this chapter and the provisions of ch. 54 or 55, the procedures in ch. 54 or 55 supersede the conflicting provision of this chapter.

53.01 History History: 2017 a. 187.

53.02 53.02 Definitions. In this chapter:

53.02(1) (1) “Abuse” has the meaning given in s. 46.90 (1) (a).

53.02(2) (2) “Financial exploitation” has the meaning given in s. 46.90 (1) (ed).

53.02(3) (3) “Guardian of the estate” means a person appointed by the court of any state to administer the property of an adult on the basis of a finding of incapacity or incompetence or on the basis of being found to be a spendthrift, including a person appointed guardian of the estate under s. 54.10 (2) or (3) and including a conservator appointed in another state where that term is used for a role similar to that of a guardian of the estate under s. 54.10 (2) or (3). “Guardian of the estate” does not include a person appointed voluntary conservator under s. 54.76 (2).

53.02(4) (4) “Guardian of the person” means a person appointed by the court to make decisions regarding the person of an adult, including a guardian of the person appointed under s. 54.10 (3).

53.02(5) (5) “Guardianship of the person order” means an order appointing a guardian of the person.

53.02(6) (6) “Guardianship of the person proceeding” means a judicial proceeding in which an order for the appointment of a guardian of the person is sought or has been issued.

53.02(7) (7) “Home state” means the state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months immediately before the filing of a petition for an order appointing a guardian of the estate or the appointment of a guardian of the person; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months ending within the 6 months prior to the filing of the petition.

53.02(8) (8) “Incapacity” has the meaning given in s. 54.01 (15).

53.02(9) (9) “Neglect” has the meaning given in s. 46.90 (1) (f).

53.02(10) (10) “Party” means the respondent, petitioner, guardian of the person, guardian of the estate, interested person, as defined in s. 54.01 (17), or any other person allowed by the court to participate in a guardianship of the person proceeding or proceeding for the appointment of a guardian of the estate.

53.02(11) (11) “Person” has the meaning given in s. 990.01 (26).

53.02(12) (12) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

53.02(13) (13) “Residence” has the meaning given in s. 55.01 (6t).

53.02(14) (14) “Respondent” means an adult for whom an order appointing a guardian of the estate or the appointment of a guardian of the person is sought.

53.02(15) (15) “Self-neglect” has the meaning given in s. 46.90 (1) (g).

53.02(16) (16) “Significant-connection state” means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence considering the factors in s. 53.21.

53.02(17) (17) “State,” notwithstanding s. 990.01 (40), means a state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.

53.02 History History: 2017 a. 187.

53.03 53.03 International application. A court of this state may treat a foreign country as if it were a state for the purpose of applying this subchapter and subchs. II, III, and V.